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Author Topic: Planning permission to park your car?  (Read 4717 times)

robdatpt

  • Joined Dec 2015
Planning permission to park your car?
« on: December 15, 2015, 09:22:56 am »
Can anyone help?
We own a 10 acre field opposite our home, which we can access across a private road. The neighbour who owns the road is a neighbour from hell who has been harassing us for over a year, initially because we were occasionally parking on her road because we have a small oddly shaped drive and we live on a narrow country lane. Having failed to stop us accessing the field, her latest ploy was to contact planning to tell them we are parking in the gateway to our field. We have laid some 20 mm to dust in the area around the gateway and have been leaving one car parked there. We have now received a notice from planning saying that this is a change of use and we must either apply for a change of use or remove the 'hardcore' (is 20 mm to dust really hardcore?) and stop parking there. The planning officer has also told us in a telephone conversation that we would would be very unlikely to get planning permission for change of use.
Has anyone had a similar experience? Can they really do this and is there any loophole we can use to get around it. We'd be really grateful for any advice, this is looking like its gonna ruin our Christmas.
« Last Edit: December 15, 2015, 09:32:44 pm by robdatpt »
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mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Planning permission to park your car?
« Reply #1 on: December 17, 2015, 11:22:18 am »
Did the council seem more concerned about the parking or were they mainly concerned about the hard core?
Think i would remove hardcore or they may serve enforcement notice

Would this solve problem grass protector
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« Last Edit: December 17, 2015, 11:27:33 am by mart6 »

Fleecewife

  • Joined May 2010
  • South Lanarkshire
    • Wester Gladstone Hebridean Sheep
Re: Planning permission to park your car?
« Reply #2 on: December 17, 2015, 12:01:15 pm »

Is it worth contacting the roads department to come out and assess the dangers of your current access, and of you parking on the road itself?  We found the roads guys to be very helpful and supportive, and they do have influence with the planners, hereabouts anyway.
www.scothebs.co.uk

Do something today that your future self will thank you for - plant a tree

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stufe35

  • Joined Jan 2013
Re: Planning permission to park your car?
« Reply #3 on: December 17, 2015, 01:32:31 pm »
My understanding is that it is the parking that constitutes is a change of use ie- agricultural to domestic.

That is parking linked to your house.  It would be quite legitimate to park to visit your field.

The laying of hardcore itself I do not believe requires planning if it is for agricultural purposes eg. providing a hard area through the gate for accessing the field during wet times to inspect stock, carry out work or what ever.

It is that the hardcore is used for domestic parking which would incur the breach.

Stop parking there to visit your house) and I don't believe anyone could enforce removal of the hardcore so long as you have your story straight.  ie you cant park on her drive whilst dropping off stuff for the field so you need to be able to pull into the field in all weathers- for agricultural purposes eg. dropping off fencing materials, fodder, whatever you can think of. - that is the purpose of the hardcore.   --so got it straight you tipped the hardcore for access to the field for agricultural purposes...then as an afterthought decided oh it would be handy to park our car there ...but now you realise you shouldn't park your car there in connection with the house.

Admit you have parked there on a few occasions in the past, but now realise its a breach and wont do it any longer. I can't think that the planners would take any further action.  Loads of farmers tip hardcore through gateways for precisely these purposes.

You were in the wrong parking on her drive if you only have a right of way.

« Last Edit: December 17, 2015, 01:42:53 pm by stufe35 »

bazzais

  • Joined Jan 2010
    • Allt Y Coed Farm and Campsite
Re: Planning permission to park your car?
« Reply #4 on: December 19, 2015, 03:42:53 pm »
They cant make you take up hardcore in a gateway to your own field that been placed to avoid poaching and machinery that needs to access field for agricultural purposes getting stuck.

Best thing to do is park it in the field with a bale of straw in the back and a few fence posts and call it a portable field storage or a supply vehicle. ;)

Your neighbour sounds a right pita!!!!

Also as its across a private road - you maybe able to extend the curtilage of your home to include a space thats off road.  You also wont need permission for a hardstanding as you can park on the gateway drainage.  You will also not have to get the highways to look at it as its a gate from a farm track.

The only other thing is to buy your nieghbour a big bottle of whiskey and ask them why the hell they are being such a pita.

pharnorth

  • Joined Nov 2013
  • Cambridgeshire
Re: Planning permission to park your car?
« Reply #5 on: December 19, 2015, 04:53:33 pm »
Well I kinda sympathise but I'm not sure how much without a better understanding of the layout.  On the face of it, your neighbour is being unhelpful but in the other hand most landowners I know are very very tetchy about encroachments on their land. To your neighbour it is their road and you are trying to turn it into a car park. I reckon Bazzais final comment may be the best advice. Take a Christmas Card round, acknowledge her point of view and maybe she'll have some more constructive ideas.

landroverroy

  • Joined Oct 2010
Re: Planning permission to park your car?
« Reply #6 on: December 20, 2015, 11:06:37 am »
 I imagine that as you refer to your neighbour as "the neighbour from hell", that it is more likely at present that hell will freeze over before you will take round a bottle of whisky, christmas card, or any other sign of goodwill.

 There are some people that - now matter how much you bend over backwards, they will never change and even get worse as they take advantage of your apparent weakness.
 However - if you think that there is even the slightest chance of winning her over with seasonal good cheer, however much it might choke you to do it, then it has to be worth a try. That way you can also feel superior to her as you haven't sunk to her level of nastiness, and you might even make her feel guilty for her attitude.

 You've nothing to lose by giving it a go. But if she remains unpleasant and unhelpful, then my advice would be to ignore her. Tell the planners that you only park in your field gateway in relation to the use of your field. Even point out that you have a driveway to the house, so why would you park over the road? You will then find they do nothing unless she complains again, as they will have ticked the "investigate" box and are not paid to go further without reason.
 Should she keep on, then they have to prove why you are parking in your field gateway. That is, in reality, very difficult, without a council official parking up and watching you - which I'm sure you would spot. You can ensure you always leave something small in your car permanently, such as a headcollar, some wormer, a small bucket of feed etc. that you were dropping off at the field. I honestly don't think they'll bother further and will get fed up of her. Planners get nutcases wasting their time constantly.
 In the unlikely event they decide to threaten you with enforcement, they will warn you first, and even then you have the right to appeal and that normally costs the planners if they lose. (Which they well could if you keep up the scenario of only parking there to visit your field.) They don't just take you to court with no options for you to justify your actions. Trust me - it is fairly easy to play the inherent inaction of officials. All they have to do is prove they have investigated a compaint, and (unless you are unlucky) they are normally loathe to go further without significant reason.

And lastly, if she keeps on complaining then go to the police and complain of harrassment. She has to have done an action at least twice for it to be harrassment (so that's covered) They may be unwilling to do anything, but persevere and explain that it is spoiling the quiet enjoyment of your property, so is against your Human Rights (look up which one) and is likely to cause a breach of the peace. They won't want to fill in the paperwork so tell them you would be happy if they just contacted Mrs Nasty and asked her to lay off. I have found an unofficial visit by the police incredibly helpful in a case like this.

Good luck.
« Last Edit: December 20, 2015, 01:36:20 pm by landroverroy »
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

 

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